Error In FIR Due To Lack Of Specific Date & Time Of Incident Can't Be Rectified During Investigation: Allahabad High Court

The Allahabad High Court has observed that an error apparent on the face of the record, such as the non-availability of the specific date and timing in an FIR, cannot be rectified at the investigation stage. A bench of Justice Saurabh Srivastava termed the Chief Judicial Magistrate Mirzapur's act of taking cognizance of the charge sheet (on December 1, 2023)—despite the...

Arson Case | Prosecution's Story Highly Doubtful: Allahabad HC In Disqualified MLA Irfan Solanki Bail Order

Granting bail to Irfan Solanki, a now disqualified MLA of the Samajwadi Party, in a 2022 house arson case, the Allahabad High Court on Thursday observed that the link of circumstance led by the prosecution is inconclusive and cannot give rise to the definite inference of his guilt. “Admittedly, the appellants are the residents of the vicinity where the incident is said to have...

Disqualified MLA Irfan Solanki Arson Case | Prosecution's Evidence Found Reliable In Trial: Allahabad HC Denies Stay On Conviction

Refusing to stay the conviction of Irfan Solanki, a now disqualified MLA of the Samajwadi Party, in a 2022 house arson, the Allahabad High Court observed that the 'wider' opinion is that persons charged with crimes ought to be disqualified from contesting elections to public offices. The Court also observed that it has often been seen that a large number of persons...

Wives & Children Struggle To Face Matrimonial Proceedings Due To Financial Crisis, Husbands Exploit Their Situation: Allahabad HC

The Allahabad High Court has observed that in matrimonial proceedings, wives and children often face financial crises compared to husbands, as they have limited support from family or income and their situation is frequently exploited by husbands, which makes it difficult for them to face such proceedings. “In a matrimonial proceeding, the wife and children are pitted against...

Can Declaratory Decree For Adding Children From Void Marriage To Service Record Be Refused Despite S. 16 HMA? : Allahabad HC To Decide

The Allahabad High Court is set to decide a substantial question of law regarding whether a civil court can deny a declaratory decree to enter the names of children born out of a void marriage into his service records despite the law contained under Section 16 of the Hindu Marriage Act 1955 (HMA), which grants legitimacy to children born out of void and voidable marriages. Admitting a...

Allahabad HC Grants Bail To Man In FIR By Bajrang Dal Member For Alleged Abduction Of Minor Girl Of Different Religion

The Allahabad High Court last week granted bail to one Javed Alam, who was booked in an FIR lodged by a Bajrang Dal member accusing him of abducting a Hindu minor girl and having physical relations with her. A bench of Justice Sameer Jain noted that in her Section 161 and 164 CrPC statements, the victim girl stated that she was more than 17 years of age when the FIR was lodged and...

UP Panchayat Raj Act | Not Every Error In Gram Panchayat Inventory Purchase Bill Justifies Removal Of Pradhan: Allahabad HC

The Allahabad High Court has ruled that every error in a Gram Panchayat's inventory purchase bill cannot be grounds for proceeding against the Gram Pradhan under the UP Panchayat Raj Act 1947, specifically when such an error does not result in any property loss. “It is to be seen that Gram Pradhan is an elected member of the Gram Panchayat and his removal from the office of the...

Accused's Counsel Can't Directly Contact Probe Agencies/IOs Sans Court Permission: Allahabad HC Objects To Lawyers' Mails To ED

Today, the Allahabad High Court took exception to the actions of the accused's counsels, who had sent emails to Enforcement Directorate officers requesting them to file a counter affidavit, as directed by the court, in a case involving their client. Noting that counsels' sending emails directly to the Investigating Officer was not proper and could not be appreciated, a bench of...

2022 Arson Case | Allahabad High Court Grants Bail To Disqualified SP MLA Irfan Solanki, Refuses To Stay Conviction

The Allahabad High Court on Thursday granted bail to Irfan Solanki, a now disqualified MLA of the Samajwadi Party, in a 2022 house arson case in which he was sentenced by a Special Court in Kanpur to seven years' rigorous imprisonment in June this year. However, a bench of Justice Rajiv Gupta and Justice Surendra Singh refused to stay his conviction, clearing the way for the...

Court's Declaration Of Civil Death U/S 108 Evidence Act Wouldn't Lead To A Presumption About Date & Time Of Death: Allahabad HC

The Allahabad High Court has observed that a civil court's declaration of civil death of a person under Section 108 of the Indian Evidence Act, 1872, would not lead to a presumption about the date and time of his death. A bench of Justice Rajan Roy and Justice Om Prakash Shukla further observed that the presumption of Section 108 is not the only mechanism for declaring death and that...

[GST] Penalty Can't Be Imposed On Goods In Transit With Tax Invoice & E-Way Bill, Citing Subsequent Suspension Of Registration: Allahabad HC

The Allahabad High Court has set aside the demand and penalty order passed under Section 129 of the Central Goods and Services Tax Act 2017 against a trader whose GST registration came to be suspended, after it found that the goods in transit were accompanied with proper tax invoice and e-way bill. A division bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar relied...

Instruct IOs To Ensure Compliance Of Mandatory Safeguards Concerning Recoveries U/S 27 Evidence Act: Allahabad HC To UP DGP

The Allahabad High Court recently directed the State DGP to issue directives to investigating authorities to ensure they comply with the mandatory safeguards relating to recoveries to be read in evidence under Section 27. Expressing concerns over courts frequently discarding prosecution cases due to IOs' lapses in following legal procedures during evidence recovery, a bench of...